ISLAMABAD: The Supreme Court on Thursday accepted unconditional apologies of the former Judges of the apex Court including justice retired Abdul Hameed Dogar and justice retired Sayed Zahid Hussain by dropping contempt proceedings initiated against them for violation of a restraining order of November 3, 2007.
A special bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmani and Justice Amir Hani Muslim accepted the pleas after due consideration.
SM Zafar, counsel for justice Zahid Hussain, appeared and said that his client had opted for resignation and therefore, the instant proceedings against him should be dropped.
Raja Ibrahim Satti, counsel for justice retired Abdul Hameed Dogar who also served as Chief Justice of Pakistan during former president Pervez Mushrraf's regime, apprised that his client had tendered unconditional apology and placed himself at the mercy of the Court.
In his application, the former justice said "With all humility and humbleness at my command, it is submitted that under abrupt, unexpected changes, confusion, misconception and misunderstanding, the order dated 3.11.2007 could not be compiled which is highly regretted with repentance and sorrow."
Citing his retirement and health problems, he further stated "It is humbly requested, in view of my ailment, the explained scenario, for which I am really sorry, my regrets may very kindly be accepted and notice of contempt may please be withdrawn for which I shall feel highly obliged,".
The bench in its order observed that they had already declared that justice retired Dogar had never been the chief justice of Pakistan and all his actions, appointment of judges etc were declared unconstitutional in July 31, 2009 verdict.
The bench held that they had passed the November 3 order to maintain the dignity of the Court and it was the foremost duty of its members to honour it.
The bench said that it was for the first time in the history of the country that such a judicial order was passed which blocked ways for the martial laws and unconstitutional measures.
The bench to justice retired Dogar's plea observed "The person has realized it after much water has flown under the bridges," however, they accepted his plea and ruled that he would not claim any exception to the observations made in July 31, 2009 decision.
The bench however, on the request of counsels for Justice retired Iftikhar Hussain Chaudhry, Justice Hamid Ali Shah, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice Yasmin Abbasey and Justice Jehan Zaib Rahim, adjourned hearing of pleas of other dysfunctional judges till March 21.
They requested the bench to grant them some time so that they could convey to their clients observations of the bench.
The Chief Justice told them to move a joint application with the Registrar office for adjournment of proceedings fixed before a four-Judge bench for framing of contempt charges.
They were told that the application would be placed in the chamber for making such request.
The bench is seized with intra court appeals filed by a number of dysfunctional and retired judges of superior judiciary who were facing contempt charges after a four-judge bench had ruled that they would be proceeded against for taking oaths under the annulled Provisional Constitutional Order of November 3, 2007 in defiance of a restraining order by a seven member bench.
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